Broadly based all issue cases but also “last or final issue” cases (for example where all issues except for one have been agreed).Complex cases with international aspects and with limited domestic issues.Large assets but also very small assets indeed.Broadly based parenting questions (such as with whom the children will live) but also limited issue cases such as school choice.residence, schooling or contact) arising from your relationship breakdown. This means that the process can move forward in a more focused, consistent and economic way, towards an outcome that is likely to be more reliable.įamily arbitration can be used to resolve financial issues and matters relating to your children (eg. ![]() And, (barring the unforeseen), unlike the Court process, you will have the same arbitrator for all hearings. You are able to select the arbitrator best suited to decide the issues that you have identified as needing to be resolved. ![]() Some clients find that this process removes much of the stress associated with the overall process. You can even decide to have a “paper hearing” where the arbitrator makes a decision based on the written submissions made to him by the parties and no face to face meetings take place. If you choose to have face to face meetings as part of the arbitration, you can be represented (by a solicitor or a barrister) but the process does not require this and you may decide to represent yourself. And the arbitrator will decide the procedures to settle those issues fairly and to avoid unnecessary delay or expense. The arbitrator decides only the issues that you agree need to be resolved. This makes arbitration particularly suitable for resolving sensitive or highly confidential matters. You do not have to wait for several months for Court dates and you are not stuck with the time that the Court allocates for the hearing.Īrbitration hearings are not open to the public or press. Unlike the Court imposed timetable, the timing of an arbitration can be tailored to suit your requirements. The flexible nature of arbitration can make it a quicker, cheaper and much less formal process than the traditional Court process. It is in relation to these cases that arbitration can provide the best forum to settle the issues between you once and for all.Īrbitration can have many advantages. There will always be some cases where, for whatever reason, agreement simply cannot be reached. If you doubt your former partner’s ability to work with you to reach a sensible agreement it can be reassuring to know that you will exit the process with a clear decision. ![]() Rather than focusing on helping you and your partner to reach an agreement, the arbitrator will reach a decision on the issues put before him/her. Arbitration is a voluntary process (no one can be compelled to adopt this process) but once it has started, it will deliver an outcome that will bind you both. You may do this with the help of your legal advisers who will support you throughout the process. You and your partner jointly appoint a specialist family arbitrator to settle the issues between you. It can be the very best choice for some situations. It is flexible, confidential and can save time and cost. Arbitration is a process for resolving all types of disputes in family cases involving financial and children matters.
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